sec.164Restrictions on grant of permit to prevent damage or loss by flying-foxes

sec.164 Restrictions on grant of permit to prevent damage or loss by flying-foxes

This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox. The chief executive must not grant the permit unless the chief executive is satisfied— the flying-fox is causing, or may cause, damage to crops; and the landholder of the land on which the flying-fox is causing, or may cause, damage has made a reasonable attempt to take action, to prevent or control the damage, stated in the flying-fox damage mitigation code; and the landholder may suffer significant economic loss of the kind stated in the flying-fox damage mitigation code if the damage is not prevented or controlled; and the landholder is a commercial crop grower for the land; and action under the permit would not adversely affect the survival of the species of flying-fox in the wild; and the proposed way of taking the flying-fox complies with the flying-fox damage mitigation code; and the proposed way of dealing with the flying-fox after the flying-fox has been taken complies with the flying-fox damage mitigation code; and the landholder holds, or has held— a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 . Also, the chief executive must not grant the permit if— the permit would authorise the taking of a flying-fox of a particular species in a particular financial year; and the total permit number for the species for the financial year has reached the maximum permit number for the species. In this section— commercial crop grower , for land, means a person carrying on a business of growing a crop for commercial gain, other than an incidental use of the land. maximum permit number , for a species of flying-fox, means the number of flying-foxes of that species that the flying-fox damage mitigation code states is the maximum number of flying-foxes of that species that may be taken in a financial year under damage mitigation permits. total permit number , for a species of flying-fox for a financial year, means the total number of flying-fox of that species for which damage mitigation permits for taking flying-foxes have been granted under the Act in the financial year. s 164 amd 2023 SL No. 77 s 9 ; 2025 SL No. 154 s 4 (sec.164-ssec.1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox. (sec.164-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— the flying-fox is causing, or may cause, damage to crops; and the landholder of the land on which the flying-fox is causing, or may cause, damage has made a reasonable attempt to take action, to prevent or control the damage, stated in the flying-fox damage mitigation code; and the landholder may suffer significant economic loss of the kind stated in the flying-fox damage mitigation code if the damage is not prevented or controlled; and the landholder is a commercial crop grower for the land; and action under the permit would not adversely affect the survival of the species of flying-fox in the wild; and the proposed way of taking the flying-fox complies with the flying-fox damage mitigation code; and the proposed way of dealing with the flying-fox after the flying-fox has been taken complies with the flying-fox damage mitigation code; and the landholder holds, or has held— a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 . (sec.164-ssec.3) Also, the chief executive must not grant the permit if— the permit would authorise the taking of a flying-fox of a particular species in a particular financial year; and the total permit number for the species for the financial year has reached the maximum permit number for the species. (sec.164-ssec.4) In this section— commercial crop grower , for land, means a person carrying on a business of growing a crop for commercial gain, other than an incidental use of the land. maximum permit number , for a species of flying-fox, means the number of flying-foxes of that species that the flying-fox damage mitigation code states is the maximum number of flying-foxes of that species that may be taken in a financial year under damage mitigation permits. total permit number , for a species of flying-fox for a financial year, means the total number of flying-fox of that species for which damage mitigation permits for taking flying-foxes have been granted under the Act in the financial year.